AS PROVAS ILÍCITAS APLICAÇÃO DO PRINCÍPIO DA PROPORCIONALIDADE DIANTE DE UMA PROVA ILÍCITA

Abstract

This work approaches the evidence in its several phases, especially the illicit evidence in the criminal proceedings. Such an approach is justified by the Judiciary being responsible for the resolution of conflicts in society. The purpose of this work is to report that the evidence demonstrates the existence or inexistence of facts, forming the reasoned conviction of the judge Such an approach is due to the fact that the objective of the study is to cover, in a broad way, the theme to be discussed in the legal area, in particular, in criminal proceedings, exposing the situation of the evidence in the process and the disagreements on the subject. This attempt will take place through a conflict between the individual's right to freedom and the right of appreciation of the Judiciary, in comparison with the applicability of the principle of proportionality, through bibliographic research. It has proven that it is important and that the study of the principle of proportionality in the criminal area, analyzing in detail the scope the illegality of evidence and on which occasions it can be used.